Friday, April 12, 2013

Explaining The Public Comment Period for Proposed Regulations

The Federal Register is the official
daily journal of the United States Government and is the designated vehicle for
letting the public know about countless notices every year of proposed
rulemaking from all federal agencies.

Last month,
the TSA published a Notice of Proposed Rulemaking (NPRM) in the Federal
Register regarding the use of Advanced Imaging Technology (AIT) as a screening
method for commercial travel. As the proposed rule explains, individuals
can submit comments via the online federal rulemaking docket, Regulations.gov.
This process for proposed rules and soliciting comments is used government-wide
and is the first step in promulgating regulations. TSA will review and
analyze the public comments to develop a final rule related to the screening
process using AIT.

As we have
said before, AIT is the best technology currently available to detect
non-metallic objects and devices hidden on a passenger (while also detecting
metallic and other threats), and is an important part of TSA’s multi-layered
security effort.

"As we have said before, AIT is the best technology currently available to detect non-metallic objects and devices hidden on a passenger (while also detecting metallic and other threats), and is an important part of TSA’s multi-layered security effort."

Yes, you've said that many times. You haven't proven it, nor have you allowed, until now, other voices to participate in that discussion, in defiance of the orders of various authorities. Care to explain that?

"As we have said before, AIT is the best technology currently available to detect non-metallic objects and devices hidden on a passenger (while also detecting metallic and other threats), and is an important part of TSA’s multi-layered security effort."

Is that why the TSA felt that it was so critical to violate federal laws regarding the implementation of AIT? Is that why the TSA ignored two federal court orders instructing the agency to hold a public comment period when the new AIT policies were originally rolled out a couple of years ago?

Why is the TSA touting its eventual acquiescence to well-established law as if it's some sort of magnanimous, public-friendly gesture, Bobby? The TSA is not asking for public input because it actually cares what the public thinks. If that were the case, TSA would have actually complied with the law and held the public comment period when the law required it to.

No, the TSA is asking for public input because it has become politically untenable to keep breaking the law by NOT asking for public input.

It sickens me to see you folks complaining about this countries security screening. If it's not this it's something else .... "oh, we were not allowed to participate in this disgussion". Why don't you put some real thought into whatever bothers you and post some suggestions that could possibly be of value.. This is what I want to read - SUGGESTIONS!! Freedom is not free, never has been free nor will it ever be free. Get that?

I still want somebody to explain to me why the TSA putting my 15 year old daughter through one of these machines is not the same as the TSA producing child pornography. They are taking naked pictures of children.

Glad to see you finally posted something about the public comments about AIT (again, that is). Still strange the original post ws deleted so quickly and it took you several days to repost without any explanation. (Our gov't at work?)

But then you didn't provide direct links and quickly started burying this post with a loooooong blotter post.

I doubt you couldn't provide a direct link to the AIT comment section due to TSA linking policy as you have regularly posted deep links to articles singing TSA praises.

Why the heck are you guys so reluctant to inform the public about their right to comment on AIT? Fear? If you truly think AIT is the "gold standard" and that the US public loves you for "keeoing us safe," you should have prominent links all over the TSA website and this blog.

Instead, you hide this critical information the public has the right to know.

First, go back to the Walk-Through Metal Detectors. They are more efficient, more effective, and will do far more to stop dangerous items from boarding an aircraft.

Second, go back to private industry providing the security. The airlines will be able to provide the most effective levels of security based on actual risk to the aircraft and passengers. The airlines don't want their aircraft being destroyed anymore than the passengers do.

Third, fire most of the Agents of the TSA. There is no need for the TSA to be the ones providing the actual security. Just like the FAA, they can set the standards that the airports and airlines have to follow.

The above suggestions will save roughly five billion dollars a year in tax payer monies. It will actually make the airways safer by allowing the airports to provide a level of security appropriate to the risk instead of the current 'multi-layer' one-size-fits-all approach of the TSA.

And those suggestions only barely address the horrible violation of our Constitutional Rights that the TSA is, first and foremost a gross violation of Due Process of Law, or more commonly innocent until proven otherwise.

While most, who are purposely disengaged from current events, can apprectiate the arm chair quarterbacking of TSA, my question is where was your rapier like intellect, your beacon of hope posturing, your trembling voice of concern in October 2001 when the Senate passed (98-1) and the Congress passsed (357-66) the Patriot Act?

Air Passenger Security Fees are increasing from $2.50 per passenger/per flight in pre-2013, to an increase of $7.50 per flight by 2017. Is security supposed to get 3x better by then? In 2013 this raises $317 million in additional revenue, of which $117 million is being rolled into the TSA Discretionary budget, and $200 million is being rolled into the Govt General Fund to pay down the federal debt. Is this what we should expect, that the federal government will rediculously overcharge us in security fees so that they can pay down the federal debt??? Gov't security should not be a smokescreen to further tax the crap out of American Taxpayers.

"While most, who are purposely disengaged from current events, can apprectiate the arm chair quarterbacking of TSA, my question is where was your rapier like intellect, your beacon of hope posturing, your trembling voice of concern in October 2001 when the Senate passed (98-1) and the Congress passsed (357-66) the Patriot Act? "

Glad you asked. I was writing my Congress-critters urging them to vote no. I was signing petitions urging the President to veto. You see, I took an oath to defend the Constitution of the United States of America, and I have been ever since I took that oath.

If anyone has taken time to read the comments submitted by the public you will have noticed that almost all comments are opposed to TSA's use of Electronic Whole Body Strip Search machines. So will TSA accept that the use of Strip Search machines is not acceptable or will TSA ignore their bosses?

"...Quyanna said... my question is where was your rapier like intellect, your beacon of hope posturing, your trembling voice of concern in October 2001 when the Senate passed (98-1) and the Congress passsed (357-66) the Patriot Act?"

I was writing letters to my elected officials telling them I would be voting them out of office for passing such a horrible piece of legislation. And I continue to vote against the ones who are still around.

Anonymous said... Bob, have you delayed approving comments for this blog post? I find it hard to believe only 22 comments have been made in the past nine days on such an important post.

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Actually it's not that important. Most people don't spend their free time posting on the tsa blog. Nor are they so bothered by airport security that they feel the need to cry on the internet about their freedom being taken away.

"Actually it's not that important. Most people don't spend their free time posting on the tsa blog. Nor are they so bothered by airport security that they feel the need to cry on the internet about their freedom being taken away."

Maybe you ought to actually read the comments at http://www.regulations.gov/#!docketDetail;D=TSA-2013-0004 before you decide to speak for others about what's important to them.

Elblanco said..."Actually it's not that important. Most people don't spend their free time posting on the tsa blog. Nor are they so bothered by airport security that they feel the need to cry on the internet about their freedom being taken away."

As of right now there are 738 comments on the proposed rule making (someone included the link above) and not a single one is in favor of the machines. Why don't we amend your statement to read "you don't think it is important" and let the rest of us decide for ourselves what we find important enough to comment on.

As of right now there are 738 comments on the proposed rule making (someone included the link above) and not a single one is in favor of the machines. Why don't we amend your statement to read "you don't think it is important" and let the rest of us decide for ourselves what we find important enough to comment on.

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Wow, 738 is a bit number isn't it. You do realize that millions of people fly every day right? So I WILL amend my statement to "MOST people don't think it's very important." The reason being, most people just want to get through security and get on with their lives. Rather than whine about how they're being "iradiated" and "groped". I understand alot of people don't like these machines, and that's fine, let the tsa know. Just stop making it sound like they make us glow in the dark while the tsa molests people and stares at their naked pictures, none of that is true.

Wow, 738 is a bit number isn't it. You do realize that millions of people fly every day right? So I WILL amend my statement to "MOST people don't think it's very important." The reason being, most people just want to get through security and get on with their lives. Rather than whine about how they're being "iradiated" and "groped". I understand alot of people don't like these machines, and that's fine, let the tsa know. Just stop making it sound like they make us glow in the dark while the tsa molests people and stares at their naked pictures, none of that is true.

April 23, 2013 at 10:24 AM.....................

There was one shoe bomber and he didn't even board an airplane in the US.

Millions of people fly everyday and there has never been a shoebomber in the United States but TSA still makes people take off their shoes and walk on filthy TSA Checkpoint floors and for what reason?

Oh, by the way, he comments are up over 3,000 now. Still a small number but the vast majority are against TSA's Electronic Strip Search Machines.

If you knew anything about public feedback trends and statistical analysis, you would know the 700+ comments on the regulations.gov website is significant. It is made more significant because the TSA has done practically nothing to promote the comment gathering, including approval of comments here.

For whatever reason you choose to downplay the intrusive policies and tactics of the TSA and insult commenters, we who disagree with the TSA will continue to express ourselves here, on the regulations.gov website, and to our gov't representatives.

Your attempt to drive us away with frequent "I don't care and I'm going to tell you repeatedly how much I don't care!" posts won't stop us.

So arguing with you people is maddening so this is my last comment. 3000 comments is alot, and everyone has the right to express their dislike of these machines, I'm not saying they can't. I'm just saying that pretty much every arguement you guys are giving is wrong or just irrelevant. OH NO! DIRTY FLOORS! my precious socks! Also the machines don't take naked pictures, even if they can store/transmit, that doesn't mean they take naked pictures. Please just hear me out, 3000 people don't like the scanners, but that is(like everyone complaining on this blog) the vocal MINORITY! When the minority complains, they are heard because the majority doesn't care. It's the same thing with shoes, one guy did it, now we all have to take off our shoes, because someone else might too. Also, it is NOT a right to fly, it is a privilage, that is why you PAY FOR IT! So if security is such a HUGE inconveniece to you, just stop flying, and don't say you can't, because you can, people did it for thousands of years before the plane was invented.

So in conclusion, everyone has the right to express your opinions and dislike of anything, it's the first amendment, and it's what makes this country so great. Just please please PLEASE stop making up "facts" just to scare people into believing you. To those of you who are actually making sound arguments to help improve things, more power to you!